Terms of Service
These Terms of Service (this “Agreement”) is a binding contract between Catch-84, Inc. d/b/a Litsy (“Litsy”) and you (“You”), as a user of the Litsy application, Litsy’s websites, APIs, and other applications and services (collectively, the “Services”). Litsy reserves all rights in the Services not expressly granted to You under this Agreement.
Use of Services: Litsy grants to You a limited and revocable right to use the Services in accordance with this Agreement, any other End User License Agreement that may accompany the Services, and Litsy’s Community Guidelines. Furthermore, in using the Services:
- You represent that you are at least 13 years old.
- You may not post violent, discriminatory unlawful, infringing, hateful Content (defined below) via the Services. In addition, You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You are responsible for any activity that occurs through your account and you will not sell, transfer, license or assign your account, followers, username, or any account rights with respect to the Services. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Litsy prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
- You represent that all information you provide or provided to Litsy upon registration for the Services and at all other times are true, accurate, current and complete and you will update your information as necessary to maintain its truth and accuracy.
- You will not solicit, collect or use the login credentials of other users of the Services.
- You are responsible for keeping your password secret and secure.
- You will not use the Service for any illegal or unauthorized purpose. You will comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content (defined below), including but not limited to, copyright laws.
- You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Litsy.
- You will not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way the Services are rendered or displayed in a user's browser or device.
- You will not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You will not attempt to restrict another user from using or enjoying the Service and you will not encourage or facilitate violations of this Agreement or any other Litsy terms.
- You understand and agree that Litsy cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for Litsy or its affiliates, Litsy may stop providing all or part of the Services to you.
Termination. The Agreement is effective until terminated by You or Litsy. Your rights under this Agreement will terminate automatically without notice from Litsy if You fail to comply with any term of this Agreement. Upon termination of this Agreement, You shall cease all use of the Services, and destroy all copies, full or partial, of the Services.
Services; Third Party Materials. The Services may enable access to Litsy’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service. The information provided by the Services is provided to You for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through the Services, Litsy shall not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through the Services.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Litsy is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Litsy does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third party Services or Third Party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither Litsy, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any Services. You should exercise judgment in your use of any Services.
You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
In addition, Services are not available in all languages or in all countries. Litsy makes no representation that Services are appropriate or available for use in any particular location. To the extent You choose to access such Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Litsy and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Litsy be liable for the removal of or disabling of access to any such Services. Litsy may also impose limits on the use of or access to certain Services without notice or liability.
Indemnification. YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS LITSY, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS (EACH, AN “INDEMNITEE”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, AWARDS, PENALTIES, INTEREST, FINES, COSTS, FEES OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, PROFESSIONAL FEES, THE COST OF ENFORCING ANY RIGHT TO INDEMNIFICATION HEREUNDER AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY ANY INDEMNITEE ARISING OUT YOUR USE OF THE SERVICES, OR ANY BREACH OF ANY REPRESENTATION, WARRANTY OR OBLIGATIONS IN THIS AGREEMENT.
No Warranty. USE OF THE SERVICES IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LITSY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LITSY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LITSY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LITSY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LITSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LITSY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Independent Contractors. You and each of Litsy and its affiliates are independent contractors for all purposes related to the Services and this Agreement. Nothing contained in this Agreement or any other agreement related to the Services shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Export. You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Government Users. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Copyright Violations. If you are a copyright owner or an agent thereof and believe that any Content on the Services infringes upon your copyrights (“Posting”), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Litsy’s Copyright Agent (identified below) with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Litsy’s designated Copyright Agent to receive notifications of claimed infringement is: Teri Anatra. Only claimed infringement notifications may be sent to the Copyright Agent.
If you believe that your Content that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Governing Law. The laws of New York, excluding its conflicts of law rules, govern this license and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
Mandatory Arbitration. Any claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver” immediately below.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
Contact Information. Your questions, complaints or claims with respect to the Services should be directed to:
Catch-84, Inc. d/b/a Litsy
Address: 127 West 26th Street, Suite 400
Address: New York, NY 10001
Email: contact AT litsy.com